Sick smokers to split $600 million

Eligible Florida residents have until June 16 to apply

Thousands of sick smokers in Florida could be eligible for money from a $600 million fund in a landmark Miami-Dade County case against the country's five largest tobacco companies.

Tobacco companies agreed to create the trust fund in 2001 to avoid posting a bond as they appealed a Miami-Dade jury's July 2000 verdict. The jury awarded ill smokers and their families $145 billion, which was thought to be the biggest punitive award in American legal history. Whether the tobacco companies won or lost their appeals, the money placed in the trust fund was set aside for sick smokers covered under the class-action case and their attorneys' fees.

The Florida Supreme Court threw out the jury's verdict in 2006, deeming it excessive.

To be eligible for money from the trust fund, a smoker must have been a Florida resident before or on Nov. 21, 1996 and be able to document having symptoms of a cigarette-related illness before that date. Families of deceased smokers can put in claims for the money if their loved ones met the requirements, but there can only be one claim per smoker.

"It's a unique and historic opportunity for people who have been victimized by the tobacco industry," said attorney Robert Kelley, whose law firm is representing about 500 clients who could qualify for the fund. "Nowhere in the nation is this available but Florida."

Miami-Dade Circuit Judge David C. Miller ordered last week that the money be distributed equally among people who qualify for it, rather than have individual determinations on how much money each smoker should receive. He set a June 16 deadline date for smokers and their families to put in for the fund.

The fund's court-appointed trustee said Monday that the goal is to have checks going out by Thanksgiving.

"I want this [process] to be transparent," said Miles McGrane, the trustee. "I want this to be open. I have a judge who has been very vocal that these things usually drag on too long and he's going to put my feet to the fire."

Attorneys said that what could prove to be the sticking point for many smokers is getting documentation showing they suffered from tobacco-related illnesses prior to Nov. 21, 1996. Medical facilities often purge their records.McGrane said he expects 15,000 to 20,000 to qualify for money from the fund. The fund is named after the court case from which it arises - Engle vs. Liggett.

In addition to sick smokers collecting money from the fund, there are at least 7,400 court cases that have spun off from the Engle case. While the state Supreme Court tossed out the monetary damages in that case, it affirmed the jury's conclusions that the companies misrepresented the addictive nature of cigarettes and concealed the health dangers.

Sick smokers and the families of deceased smokers covered under the class-action had to file lawsuits by January if they wanted to have the Engle jury's findings legally established when they walked into the courtroom.

Jon Burstein can be reached at jburstein@sun-sentinel.com or 954-356-4491.

INFORMATIONAL BOX:

Common questions about the Engle Trust Fund

Where did the $600 million come from?

Three of the five tobacco companies in the landmark Engle vs. Liggett case agreed in 2001 to create the fund to avoid having to post a huge bond as they appealed the $145 billion verdict in the case. The companies agreed that even if the verdict were tossed out, the money would benefit sick smokers covered by the class-action case.

The Florida Supreme Court set aside the verdict in 2006 but made it easier for individual smokers to file lawsuits.

Who could qualify for money from the fund?

Smokers who were Florida residents prior to or on Nov. 21, 1996, and could prove they had symptoms of a cigarette-related illness before that date. The families of deceased smokers who met the requirements could qualify.

How do potential applicants learn more?

Call 1-888-420-1666. In addition, there's a Web site: www.engletrustfund.com. Registration forms will be available on the site starting Friday.